Short answer. Yes. Article 1988 requires the thing deposited to be returned to the depositor upon demand, even though a period for its return was fixed. The agreed date protects you, not the depositary. Two exceptions: judicial attachment of the thing, and notice of a third person's opposition to its return.

What the law says

The thing deposited must be returned to the depositor upon demand, even though a specified period or time for such return may have been fixed.

Civil Code, Article 1988 — Return on Demand. Read the full provision →

The period is for the depositor's benefit

Article 1988 provides that The thing deposited must be returned to the depositor upon demand, even though a specified period or time for such return may have been fixed. That is the opposite of the ordinary rule about periods, and the reason is what a deposit is for. Safekeeping is a service rendered to the owner; the term exists for his convenience, so he may cut it short. A depositary who answers a demand by pointing at the six months you both wrote down is relying on a period that was never his to insist on.

The two exceptions, and the duty they carry

The article withholds the right in two situations: where the thing is judicially attached while in the depositary's possession, and where he has been notified of the opposition of a third person to its return or removal. Both are about competing claims the depositary cannot resolve on his own — he would be choosing between you and someone with a court's backing or an asserted right. The article then gives him a duty rather than a refuge: in those cases he must immediately inform the depositor of the attachment or opposition. Silence is not an option, and a depositary who simply stops answering is not within the exception.

It runs the other way too, sometimes

The depositary is not locked in either. Article 1989 lets him return the thing before the designated time where the deposit is not for a valuable consideration and he has justifiable reasons for not keeping it; if the depositor refuses to receive it, he may secure its consignation from the court. A paid depositary has no such freedom — he took the fee for the term. Article 1987 settles where the handover happens: at the place designated when the deposit was made, with transport at the depositor's expense, and otherwise where the thing happens to be, provided the depositary acted without malice.

Making the demand count

Put the demand in writing and date it. That single step fixes when the obligation to return arose, which matters because a depositary who delays becomes liable even for a loss by fortuitous event under Article 1979. Expect to settle what you owe by reason of the deposit first — Article 1994 lets the depositary retain the thing until that is paid, so a demand made alongside payment of the accrued fee is far harder to resist. Bring proof of identity and of the deposit itself, and if the item is being withheld because someone else claims it, ask in writing who and on what basis.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.